Arguments Begin In Appeal Of Police Officer`s Suspension

February 28, 1985|By David Gibson, Staff Writer

BOYNTON BEACH — Attorneys for Police Officer Chris Yannuzzi told the city`s Civil Service Board Thursday night that it was not because Yannuzzi thought his dog was in danger that the officer fired at a fleeing suspect, but because he thought there was a danger to himself or his partner.

The Civil Service Board is hearing an appeal of Yannuzzi`s 15-day suspension from the force in January after a police department investigation concluded that he violated departmental policy when he fired his weapon at a suspect in December.

The Civil Service Board will continue its hearing of the appeal at 7:30 tonight in City Council Chambers.

In opening statements before the Civil Service Board Wednesday, Peter Hurtgen, attorney for the city said, ``The charge is (Yannuzzi) was wrong in discharging his weapon in that instance because there was no human life in danger.``

Jack Scarola, one of two attorneys representing Yannuzzi countered, ``We have never contended, and are not contending, that (Yannuzzi) fired at a human to protect the dog . . . A citizen was confronting him and his fellow officer with a dangerous weapon. (Firing the weapon) was not only the right thing to do but the careful thing to do.``

The incident occurred at about 5:30 p.m. Dec. 15 when Officer Charles Kuss stopped a vehicle at Northeast Fifth Avenue and Seacrest Boulevard that matched the description of a car broadcast on the police radio as being driven by someone under the influence of drugs. Both sides accept testimony on what happened during the confrontation.

When Yannuzzi arrived to assist Kuss, he saw a passenger in the car throw something under the car. Yannuzzi retrieved a small package of marijuana and tried to arrest the suspect, who pushed him and ran.

As Yannuzzi, Kuss and Yannuzzi`s police dog, Champ, chased the suspect, the suspect turned to them, reached into his pocket for something that the officers believed was a knife or other weapon, and began making slashing motions at the dog.

It was then that Yannuzzi fired a single shot from his service revolver. The shot did not hit anyone nor was any property damaged.

After the shot, the suspect ran, and was later caught by the two officers. No weapon was ever found in the area of the chase.

According to Capt. Jack DeLoach, one of three witnesses called by city representatives to testify before the board Wednesday, Yannuzzi and Kuss were about 20 to 30 feet away from the suspect at the time the shot was fired, with Kuss a few feet to the right of, and in front of, Yannuzzi.

DeLoach was responsible for investigating the incident and making a statement of facts to the five-member police department Shooting Review Board that voted 3-2 that Yannuzzi had violated departmental policy when he fired his weapon.

Department policy prohibits the firing of a weapon except in instances where there is an imminent danger to human life.

Attorneys for Yannuzzi maintain that it was dark and the suspect was making life-threatening motions to the officers, while being close enough to kill them with a knife or other weapon.

Both sides agree that the fact that a weapon was never found does not discount the officers` belief at the time that the suspect was armed.